We're Having A Baby...Now What?

[SarahBear 4]

I'm a USC living in Canada now with my Canadian citizen husband. We just had our 1-130 approved earlier in March after waiting 9 months from when we submitted the I-130 to the Chicago lockbox.

Well, it appears that we have a nice little surprise coming our way in another 9 months. We're thrilled about the baby, but this certainly has thrown a wrench into our plans for immigration and moving to the USA this year. I am due at the end of November.

I have PR status in Canada and will be eligible for provincial health coverage very soon so we're planning on having the baby here in Canada and then hoping to move to the USA around January or February 2014. It just doesn't make sense to move before having the baby, but now that our I-130 has already been approved I don't know what to do about our situation now.

If I understand correctly, I am going to get a notification from the NVC that our petition has been transferred to Montreal probably sometime in the next few weeks and we'll begin the process of filling out the DS-230 forms and all that good stuff. So here are my questions:

1. Is there a deadline for how long you can wait to provide the DS-230 related stuff to Montreal? I figure that may be a good way to buy us some extra time between now and interview time. Is there a deadline date for submitting those materials?

2. How many days do you have to "land" in the USA (arrive and live there as a permanent resident) after you receive your approved visa from DHL?

3. Let's say hypothetically my husband is called for an interview in August and all goes well. If he only has say, 60 days to land in the US, could he maybe "land" in the US in October, and then could he go back to Canada and stay until after we have the baby and then move to the US? It appears that it's ok for greencard holders to be outside the US as long as the stay is less than a year, but since we won't have our own home or apartment already established until January or February 2014...I don't think that's going to look very good to US CBP. Is it *legally* allowed though?

4. Would it be worthwhile to try to contact MTL and explain our situation to see if they'd maybe allow my husband to have the interview after the baby is born? I know MTL doesn't have the best reputation for being responsive to inquiries like mine, but just wanted to explore all possibilities.

Any and all advice is also welcome and appreciated. We're really not too stressed about this and mostly just excited for the new baby, but I thought I should probably get this figured out sooner rather than later. Thanks in advance for the help!

[Darnell 8,478]

30 days after I-130 approval date, start calling into NVC. NVC normally doesn't do first contact unless you want to take the slower, postal notification route. Here at the VJ DIY immigration portal, we have tons of info for how to 'go fast' at NVC , bypassing the slower, postal notification route in it's entirety.

However, you have some time and timing issues that you want to overcome, so

For now, get the CRBA for the child, when born, and

study NVC processing and procedures so that YOUR handling of YOUR SPOUSE's VISA APPLICATION meets up with your time and timing requirements. There are two big things at NVC (DS-261 and I-864) and you have one year per thing to get it in, at NVC. Don't forget the Electronic Processing option, as you qualify with a spouse in Canada.

In essence, you control the pace at NVC, but it's still on you to get things done to match your calendar. NVC doesn't care about your calendar at all, so plan accordingly.

Ultimately, if the visa interview is prior to your planned jump out of Canada date, that's ok too - as your spouse has 6 months after visa issuance to come into the USA. You mentioned 60 days from visa issuance date, and that's wrong - tis 6 months.

Good Luck ! and Go Get Em !

Edited March 27, 2013 by Darnell

[SarahBear 4]

Ultimately, if the visa interview is prior to your planned jump out of Canada date, that's ok too - as your spouse has 6 months after visa issuance to come into the USA. You mentioned 60 days from visa issuance date, and that's wrong - tis 6 months.

If we have 6 months from the date the visa is issued to move to to the USA, that's great news! I think we'll be in good shape then. Good to know you have 6 months to move...for some reason I thought you wouldn't have that long to enter the US. Thanks for the help!

[Darnell 8,478]

yup. don't forget, though - you set the pace at NVC. Want to go slower? You can go slower !

[NikLR 13,227]

You will be doing online forms (ds-260) and should opt in for electronic processing which allows you to send emails to the NVC vs sending via mail or courier.

Check out:

http://www.visajourney.com/wiki/index.php/NVC_for_Montreal_Beneficiaries_%E2%80%93_Electronic_Processing_and_New_Online_Forms

Super helpful wiki for Canadians

Congrats on the pregnancy and I think its an excellent decision to have the baby in Canada. ;}

[SarahBear 4]

You will be doing online forms (ds-260) and should opt in for electronic processing which allows you to send emails to the NVC vs sending via mail or courier.

Check out:

http://www.visajourney.com/wiki/index.php/NVC_for_Montreal_Beneficiaries_%E2%80%93_Electronic_Processing_and_New_Online_Forms

Super helpful wiki for Canadians

Congrats on the pregnancy and I think its an excellent decision to have the baby in Canada. ;}

Thank you and thanks for the congrats on the new baby! Do you know how long we have to respond with the info needed for the DS-230? Waiting a bit longer to submit those things may be a good way to slow down our application. Wow, never thought I'd be saying *THAT* LOL! Thanks again!

[NikLR 13,227]

You have up to a year to make sure you contact the NVC.

[NikLR 13,227]

Just so ya know, Montreal is strict on domicile. You must placed or accompany your Canadian spouse to the USA. Read the thread at the top of this forum to get an idea of what they are looking for and what you need to do to satisfy the requirements.

Best of luck with the rest of your pregnancy! Do you knows if you are having a boy or girl?

[SarahBear 4]

Thank you - if we have up to a full year to get back in touch with NVC it sounds like we have nothing to worry about! Thanks for the well wishes with the pregnancy. We only just found out about it a few weeks ago so it will still be a while (that is if we decide to find out this time around) what we're having.

Thanks much for the responses and everything I learned here has really put my mind at ease. Thanks for all the help everyone!!